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Collective Negotiation Agreement: 1 15 Eugenio Jose V. Lacson Governor

This document outlines a Collective Negotiation Agreement between the Provincial Government of Negros Occidental and the Progressive Alliance of Capitol Employees union. It establishes principles of recognizing workers' rights, adhering to transparency in management-employee relations, and defining key terms. Cost-cutting measures are agreed upon to generate savings for a CNA incentive bonus. The agreement renews and modifies their previous CNA to promote a productive working environment and effective public service delivery.
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0% found this document useful (0 votes)
111 views15 pages

Collective Negotiation Agreement: 1 15 Eugenio Jose V. Lacson Governor

This document outlines a Collective Negotiation Agreement between the Provincial Government of Negros Occidental and the Progressive Alliance of Capitol Employees union. It establishes principles of recognizing workers' rights, adhering to transparency in management-employee relations, and defining key terms. Cost-cutting measures are agreed upon to generate savings for a CNA incentive bonus. The agreement renews and modifies their previous CNA to promote a productive working environment and effective public service delivery.
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 15

COLLECTIVE NEGOTIATION AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This Collective Negotiation Agreement (CNA) is made and executed by


and between:

The Provincial Government of Negros Occidental, a government entity duly


organized and existing under and by virtue of the laws of the republic of the Philippines,
with principal office address located at the Provincial Capital Building, Gatuslao St.,
Bacolod City, represented by its Governor HON. EUGENIO JOSE “BONG” V.
LACSON, to be hereinafter referred to as the Province;
-and-

The Progressive alliance of Capitol Employees (PACE), a duly organized


Public Sector Employee’s Union existing under and by virtue of the laws of the Republic
of the Philippines, with principal’s office address located at the Provincial Administration
Center, Aguinaldo Street-North Capital Road, Bacolod City, represented by the
Chairman of its Board mandated by the Union’s Constitution and by-laws, EUGENIO
JOSE V. LACSON, to be hereinafter referred to as the Union.

WITNESSETH:

Whereas, Joint Resolution No. 4 of both houses of the fourteenth Congress


authorizing the President of the Philippines to Modify the Compensation and
Position Classification System of Civilian Personnel and the Base Pay Schedule
of Military and Uniformed Personnel in the Government, particularly, on the grant of
incentives in items (4)(h)(i) and (ii) thereof, which provides:

“Collective Negotiation Agreement (CNA) Incentive – This May


be granted to both management and rank-and-file employees of
agencies with approved and successfully implemented CNAs in
recognition of their efforts in accomplishing performance targets at
lesser cost, in attaining more efficient and viable operations through
cost-cutting measures and systems improvement, such CAN incentive
shall be provided for under General Appropriations Act”

Whereas, Pursuant to Administrative Order No. 135 “Authorizing the


Grant of CNA Incentive to employees in Government Agencies”
issued on December 27, 2005, the Province agrees to grant the CNA
incentive, in conformity with the provisions of Budget Circular No.
2017-7, dated December 1, 2016.”

“For this purpose, the Province shall grant such amount as may be
deemed proper by both parties after the implementation of their cost-
cutting program to constitute the CNA Incentive Bonus in accordance
with the pertinent rules and guidelines relative therewith.”

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GOVERNOR
“To ensure generation of savings after the signing of the Collective
Negotiation Agreement (CNA), cost cutting measures and
systems’ improvement shall be undertaken by the Province and
the Union towards the delivery of public service at a lower cost,
such as: improvement of Service Delivery and Operating Systems
such as, but not limited to;’’

15.1 Computerized payroll system;


15.2 Document tracking system;
15.3 Adoption of Government electronic Procurement System
(GEPS);
15.4 Computerized project monitoring system;
15.5 Adherence to good housekeeping concept;
15.6 And such other measures as may be formulated by the
Province and the Union from time to time, like, streaming
and/or Reorganization.’’

Whereas, after the Civil Service Commission (CSC) accreditation and registration
of the Progressive Alliance of Capitol Employees (PACE) as the sole and exclusive
negotiating agent of all rank-and-file employees in the Provincial Government of Negros
Occidental through certificate of Registration No. 808 and certificate of Accreditation No.
738 pursuant to Resolution No. 09829 dated June 8, 2009, hereto attached Annex” A
and “B”, respectively”.

Whereas, this is pursuant to Section 8, Article lll, of the Bill Rights embodied in the
1987 Constitution of the Republic of the Philippines, which recognizes the rights of the
people, including those employed in the public sector, to form unions, association or
societies for purposes not contrary to law;

Whereas, the same constitution protects the rights of the workers and promotes
their welfare which, Section 18, Article ll, thereof affirms that labor is a primary social
economic force;

Whereas, the Province and the union have mutually agreed to renew, modify,
stipulate new provisions in the previous CNA in order to promote a good working
environment, which would truly enhance the employee’s welfare and productivity, and to
build a labor-management relationship that would ensure an effective and efficient
public service.

NOW, therefore, for and in consideration of the foregoing premises, the parties
hereby renew the CNA subject to the following conditions, incorporating therein
modifications and new stipulations:

ARTICLE 1
DECLARATION OF PRINCIPLES AND POLICIES

Section 1. The Province and the Union shall recognize the basic rights of the workers
to living wage, security of tenure and humane working environment;
Section 2. The Province and the Union shall agree to observe national policies, as well
as policies of international organizations that the Philippines has ratified,
regarding the right of workers to self-organization ,the right to secure a CNA

Page 2 of 15 EUGENIO JOSE V. LACSON


GOVERNOR
and the conduct of peaceful concerted activities including the taking of any
or all appropriate concerted action not contrary to law;

Section 3. The Union shall, at all time, respect the authority and prerogative of the
Province to impose or implement laws or policies governing the terms and
conditions of employment in the province in accordance with the Civil
Service Rules.

ARTICLE II
MANAGEMENT AND EMPLOYEES RELATION

Section4. The Province shall adhere to government policy of transparency and


participatory management as far as practicable under the premises;

Section 5. The Province shall establish a grievance machinery and procedure that
conform to Section 5, Rule ll (Complaints and Grievance) of the Omnibus
Rules Implementing Book V of Executive Order No. 292;

Section 6. The Union shall endeavor to promote the faithful performance of its
mandated
Functions for the effective and efficient delivery of basic public services and
shall police its ranks for any acts contrary to law as well as violations of Civil
Service Rules and Regulations, and any other pertinent guideline,
memorandum or issuance.

The Union shall recommend to the Province, capable and qualified labor, for
the maintenance of comfort rooms, offices, hallways, including Job Orders
in the maintenance of hospital comfort rooms, offices, hallways and other
hospital needs.

ARTICLE III
DEFINITION OF TERMS

Section 7. For the purpose of this Agreement, the terms used herein shall mean as
follows:

7.1 The “Province” shall refer to the Province of Negros Occidental

7.2 “Agency Fee” refers to a reasonable assessment deducted from a non-


union member who benefit from the terms of the CNA. Which is equivalent
to the dues and other fees paid by a union-member.

7.3 “The Governor”shall refer to the local chief executive of the Province of
Negros Occidental;

7.4 “Collective Negotiation Agreement” or “CNA” refers to the negotiated


contract between an accredited employees‘ organization representing a
negotiating unit and the employer/ management concerning terms and
conditions of employment and improvements there of that are not fixed by
law.

Page 3 of 15 EUGENIO JOSE V. LACSON


GOVERNOR
7.5 “Co-terminus employee" refers to the one whose entrance and
continuity in the service is based on the trust and confidence of the
appointing authority or that employee whose employment is subject to the
pleasure, coexistent with the tenure of the appointing authority, or limited by
the duration of project or subject to the availability of funds.
7.6 “Department/Division/Office Head” refers to the head of office constituted
bylaw and Civil Service Commission rules as a Department/Division/Office
Head, an official duly designated by the Governor as his representative to
lead a certain task or organization.
7.7 “Dependent” shall refer to the legal dependents of a member who are the:

a. legitimate spouse who is not a member:

b. unmarried children and unemployed legitimate, legitimated,


acknowledged and illegitimate children as appearing in the birth
certificate, and the legally adopted or stepchildren below twenty-
one (21) years of age:

c. children who are twenty-one (21) years old or above but suffering
from congenital disability, either physical or mental, or any
disability acquired that renders them totally dependent on the
member for support: and

d. parents who are sixty (60) years old or above, not otherwise an
enrolled member, whose monthly income is below an amount to
be determined by Philippine Health Insurance (Phil health) in
accordance with the guiding principles set forth in the R.A. 7875,
or the Philippine National Health Insurance Act of 1995.
7.8 EO No. 180 shall refer to executive order No. 180 issued by former Pres.
Corazon C. Aquino dated June 1, 1987. Providing “Guidelines for the
Exercise of Right to Organize of Government Employees; the creation of
Public Sector Labor Management Council and for other purposes
stipulated.”

7.9 “Employee (s)” refers to any person working for the Province. If includes
one whose work has ceased in connection with any current employee
management dispute or unfair labor practice or whose dismissal from the
service has not attained finality.
7.10 “Grievance” shall refer to complaints that in the employee’s opinion have
been ignored, overridden, or dropped without due consideration. .
7.11 “Grievance Procedure” shall refer to the method of determining and
finding the remedies on specific cause/s of complaint or grievance.
7.12 Grievance Machinery refers to the Union’s Executive Board, which shall
entertain disputes herein after mentioned in this agreement.
7.13 High Level Employees shall refer to employees whose functions are
normally considered policy determining, managerial or one whose duties
are highly confidential in nature.

Page 4 of 15 EUGENIO JOSE V. LACSON


GOVERNOR
7.14 Highly confidential employees refer to employees whose functions
involve an extraordinary degree of trust and personal confidence requiring
a higher degree of openness and freedom of communication without fear
of betrayal;
7.15 “Intra-Employees’ Organization Dispute” refers to any conflict between
and among the union-members. It includes all disputes or grievances
arising from violation of or disagreement over any provision of the union’s
constitution and by-laws, violation of the rights and conditions or
membership, accounting and audit of the union’s fund or election of
officers.
7.16 “Inter-Employees’ Organization Dispute” refers to any conflict between
and among organizations within the union, excluding conflict arising from
accreditation or certification election proceedings as provided in these
Rules.
7.17 “IRR” refers to the Amended Rules and Regulations Governing the
Exercise of the Right of Government Employees to organize also known
as the Rules and Regulations to Govern the Exercise of the Right of the
Government Employees to Organize Issued pursuant to Section 15 of
Executive Order No. 180, dated June 1, 1987.
7.18 “Negotiation” shall refer to the process whereby representatives of the
union and the Province meet for the purpose of reaching an agreement
and how such agreements are to be administered.
7.19 “PACE” refers to the Progressive Alliance of Capitol Employees, which is
a Public Sector Union formed for protection and furtherance of the
employees’ interest, and considered as the “Exclusive Collective
Negotiating Agent” per accreditation in accordance with the Rules
adopted under PSLMC Resolution No. 02, S. 2004, and hereinafter
referred to as the Union.
7.20 “PSLMC” refers to the Public Sector Labor-Management Council created
under Executive Order No. 180 dated June 1, 1987 or as E.O. No. 180 as
defined above;
7.21 “Rank and File Employees” refer to employees whose functions are
normally not classified as managerial or policy-making including high level
employees nor primarily confidential in nature as provided under E.O. No.
180 and as defined herein.
7.22 “Registration of CAN” refers to the process by which the CSC, after an
evaluation and review of the CAN, issue the corresponding certificate of
registration to the Union.
7.23 “Special Assessment” refers to those fees other than the employees’
organization dues, labor education fees, and those prescribed under the
Union’s constitution and by-laws.
7.24 “Unfair Labor-Management Practices” refer to acts described under the
2004 Amended Rules and Regulations Governing the Exercise of the
Right of Government Employees to Organize.

ARTICLE IV
COVERAGE

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GOVERNOR
Section 8. The CNA covers all rank and file employees of the Province with Salary
Grade 23 and below, excluding high level, highly confidential and co-
terminus employees.

8.1 Eligibility for membership in the Union shall commence on the first day of
the employees’ service.

8.2 Watchmen and other personnel who, by the nature of their functions, are
authorized to carry firearms, as a rule, are not eligible to form, join or
assist the Union for purposes of collective negotiations unless the
Province expressly allows them to join the Union.

In connection to this, the Province hereby authorizes the PACE


President, Mr. Renelo Lastierre, who is also a Safety and Security
Operation Officer of the Province, to carry firearms while assisting the
Union in the Collective Negotiation Agreement.

ARTICLE V
UNION PRIVILEGES, RIGHTS AND REPRESENTATION

Section 9. Office Space, privileges of Union Officials, and representation of the


Union

9.1 In support of the Union’s Primary task which is to serve its members, the
Province hereby agrees to improve the office space presently occupied
by the Union. In this instance, the Union shall submit its proposed office
improvement to the Governor for approval. The Governor, on the other
hand, may approve the proposed office improvement subject to
availability of funds, and still commits to sustain the Union’s free use of
electricity at the Provincial Administration Center.

9.2 Whenever available, the Province shall provide the union office
equipment, transportation, communications, and other facilities that may
be necessary to its existence and operation subject to prior approval of
the Governor.

9.3 The Union shall be represented in Human Resource Management


Related Committees in accordance with the provisions of the Local
Government Code of 1991, or Republic Act No.7160 and such other
management committees that may be created or may be required by
existing laws.

9.4 Subject to limitations set by law, the Province shall recognize all Union
activities as part of official time; provided, that such activities have the
prior knowledge and approval of the Governor of his authorized
representative.

9.5 Officers of the Union, particularly the members of its Board of Directors,
shall be granted the privilege to perform their duties and responsibilities
on official time, provided that, the discharge thereof does not disrupt their
regular duties in their respective offices, and that the
department/Division/Office Head who is supervisor of such Union Official
concerned has agreed/consented that such Union Official would perform
his/her duties and responsibilities on official time.

Page 6 of 15 EUGENIO JOSE V. LACSON


GOVERNOR
Section 10. Leave Privileges

10.1 The Province recognizes the right of employees to avail any or all
mandated or special leave benefits, including the monetization of leave
benefits, including the monetization of leave credits from a minimum of
ten (10) days to a maximum of twenty (20) days to be charged against
the employees’ vacation or/ and sick leave credits, whichever the
employees may have left in accordance with Section 23 of the Civil
Service Memorandum Circular no. 41, Series of 1998. For valid and
justifiable reasons subject to the discretion of the Governor and
availability of funds, an employee may apply for the monetization of his
vacation or/ and sick leave credits of up to fifty percent (50%) thereof.

10.2 Whenever an employee is required to work on weekends, holidays or


extra hours over and above the work requirement set by the CSC due to
exigency of service or when extremely necessary, the employee is not
allowed to offset their tardiness or undertime nor is he entitled to a
compensatory leave equivalent to the number of hours worked.

10.3 The Province hereby agrees to grand the members of the Union an
additional seven (7) days non-cumulative special leave privilege, on top
of the existing three (3) days CSC special leave privilege. It is hereby
understood however, that the granting of the same shall be subject to the
approval of the CSC.

Section 11. Spiritual Enhancement and Values Formation

It is hereby agreed that the Union, in coordination with the Provincial


Human Resource Office, should conduct an annual training program per
office which covers the spiritual enrichment, professionalism and re-
orientation on the code of conduct and ethical standards of civil servants
in order to strengthen the moral and spiritual values of the provincial
employees

Section 12. Health & Safety

12.1 The province shall provide adequate supply of safe, potable drinking water
in every department/ division/ office, the procurement of which shall be
chargeable against the Maintenance on Operating Expenses (MOOE) of
every department of the Province;

12.2 On top of the healthcare program of the Union and the benefits derived
from the Phil health, the Province agrees to provide the members of the
Union including their declared dependents, free hospitalization services at
the provincial and district hospitals.

12.3 The Province, further agrees to provide the members of the Union free
dental services at the provincial dental clinic.

12.4 The Provincial Government shall grant a minimum of P2,000.00 per


member of progressive Alliance of Capitol employees (PACE) as health
subsidy for the hospitalization and health care insurance benefits of the
officials and employees of the Province as upholds and sustained by the
Supreme to be legal and therefore may be granted by the Provincial
Government.

Page 7 of 15 EUGENIO JOSE V. LACSON


GOVERNOR
12.5 Every employee shall undergo a free annual physical examination (APE)
which may include but not limited to drug test, x-ray, urinalysis, and blood
test. The APE shall be scheduled by the concerned
department/division/office through their respective Administrative Officers
which schedule must be duly coordinated with the Provincial Health Office
and/or the Office of the Provincial Administrator.

Section 13. Retirement/Demise

13.1 Members of the Union deemed qualified for compulsory retirement shall,
upon their retirement, be given one (1) salary grade adjustment in his/her
salary subject to CSC rules and regulations.

13.2 In case of Union members’ retirement or demise, a member of his/her


family shall have the preferential right to be employed, provided that all
qualification requirements for the position and that of the CSC is thereby
met.

Section 14. Professional Growth and Development

In recognition of the need for professional advancement and staff


development of its employees, the Province agrees to sponsor or allow its
employees to hold and /or attend personnel or union education programs.

14.1 Study leave. The Province shall grant a study leave benefits which is a
time off from work not exceeding six (6) months with pay for qualified
officials and employees to help them prepare for their bar or board
examinations or complete their master’s degree subject to the terms and
conditions provided under the Omnibus Rules on leave. Anent thereto,
the Province agrees to promulgate new guidelines in consultation with the
Union representatives to determine the beneficiaries of the program and
correspondingly propose an ordinance to be passed by the Sangguniang
Panlalawigan for this purpose.

Section 15. CNA Incentive.

Pursuant to Administrative Order No. 135 “Authorizing the Grant of CNA


Incentive to Employees in Government Agencies, “issued on December
27, 2005, the Province agrees to grant the CNA Incentive, in conformity
with the provisions of Budget Circular No. 2016-1 dated December 2016.

For this purpose, the Province shall grant such amount as maybe deem
proper by both parties after the implementation of their cost-cutting
program to constitute the CNA Incentives Bonus in accordance with the
pertinent rules and guidelines relative therewith.

The Province shall appropriate a minimum of P 5,000.00 as Productivity


Bonus for Provincial Government Officials and members of the
Progressive Alliance of Capitol Employees (PACE) upon the approval of
the Collective Negotiation Agreement (CNA) for their contribution in the
generation of income and in delivery of services to the constituents in the
Province of Negros Occidental.

Section 16. Generation of Savings

After the signing of the Collective Negotiation Agreement (CNA), cost


cutting measures and systems’ improvement shall be monitored by the

Page 8 of 15 EUGENIO JOSE V. LACSON


GOVERNOR
Union towards the conservation of funds such as reducing paper wastes
through improved computerized generating systems, adhering to a fixed
travel budget and meal allowance, establishing a good housekeeping
concept, streaming or reorganization and such other measures as may be
formulated by the Union from time to time.

Section 17. Employee’s Day

An Employees’ Day is hereby set every January 18 of each year which is


the day when the Union was duly accredited by the PSLMC as the sole
negotiating agent of all the employees of the Province. However, if the
aforesaid day falls on a holiday or on a Saturday/ Sunday, the Union may
set the Employees’ Day on the succeeding working day.

The Employees’ Day commemorates not only the birth of the Union but it
is aimed to foster camaraderie among the employees and instill the spirit
of public unionism as an effective avenue in pursing the employees’
welfare through collective representation.

For the purpose the Province shall contribute a minimum of P 100,000.00


to the Employee’s Day celebration to foster their support and recognition
of employee’s contribution to as partner of the Provincial Government in
the delivery of basic services to the people of Negros Occidental.

ARTICLE VI
SPORTS AND CULTURAL DEVELOPMENT PROGRAM

Section 18. An Annual Sports and Cultural Activity or Sports fest shall be conducted
each year. The activity shall be under the direction or management of the
Union and the Province which includes the Governors’ Cup and the PACE
CUP, and such other sports and cultural activities that the Union may
undertake subject to the approval of the Governor.

Section 19. Subject to availability of funds, the Province shall provide for the support
of the employees’ Annual Sports and Cultural Activity and all the other
activities necessary for the promotion of the professional, physical and
mental well-being of the employees.

ARTICLE VII
REORGANIZATION, RECRUITMENT, PROMOTION AND TERMINATION

Section 20: Reorganization.

20.1 The Province shall strictly implement reorganization in accordance with


the Republic Act No. 6656 otherwise known as “An Act to Protect the
Security of Tenure of Civil Service Officers and Employees in the
Implementation of Government Reorganization”.

20.2 The Reorganization Committee organized by the Governor that is tasked


to decide on all matters related to partial or total reorganization, shall
include the Union Chairman or his/her duly designated representative;

Section 21. Recruitment.

Page 9 of 15 EUGENIO JOSE V. LACSON


GOVERNOR
The Province shall ensure adherence to recruitment, placement and
termination policies under existing laws and CSC rules and regulations.

Section 22. Promotion/Vacancy.

22.1 The next-in-rank personnel with appropriate qualification shall be given


primary consideration in the promotion process. Therefore, all next-in-rank
employees shall become contenders for promotion.

22.2 In case of vacancy in the regular position, contractual employees of the


Province shall be given equal opportunity or preference to fill up the
vacant regular position.

Section 23. Termination.

Except for voluntary resignation or retirement, all employees shall be


terminated only for just cause and after observance of due process;
pursuant to existing CSC Rules and Regulations and other pertinent rules
on the matter.

ARTICLE VIII
WORKING HOURS/SALARY/PAY INCENTIVES

Section 24. Flexi-time.

24.1 In conformity with CSC MC No. 14, Series of 1989 and upon
recommendation of the Department/Division/Office Head, the Governor
may allow the practice of flexi-time schedule to employees under the
following conditions:

23.1.1 Those who are residing outside of Bacolod City with a distance of
not less than fourteen (14) kilometers;

23.1.2 Those who are pursuing further studies who may be required
adjustment of work schedule to fit their class hours; and,

23.1.3 Those who request for flexi-time schedule with justifiable reasons.

24.2 The Department/Division/Office Heads shall determine and approve the


flexi-time schedule of the employees in their respective offices which shall
be subject to the final approval of the Governor.

Section 25. Overtime Pay.

The Province shall observe the provision of additional pay to employees


whop rendered authorized overtime services based on actual hourly rate,
that is, one hundred twenty five per centum (125%) for ordinary working
days and one hundred fifty per centum (150%) on holidays and rest days.
It shall be understood that overtime compensation shall not exceed fifty
per centum (50%) of the employee’s annual salary as authorized and
provided for under the Department Budget Management Circular No. 10,
Series of 1996, Commission on Audit rules and regulations and subject to
the availability of funds.

Page 10 of 15 EUGENIO JOSE V. LACSON


GOVERNOR
ARTICLE IX
AREAS OF CONCERNS SUBJECT TO NEGOTIATION

Section 26. In accordance3 with existing rules, the terms and conditions of
employment or improvement may be the subject of negotiation on the
bargaining table, except those that are fixed by law.

Section 27. Based on existing rules, the Province and the Union shall focus their
negotiation on the following matters:

27.1 Schedule of vacation or other leaves;

27.2 Work assignment of pregnant women;

27.3 Personnel growth and development;

27.4 Communication system-lateral and vertical;

27.5 Provision for protection and safety;

27.6 Provision of facilities for handicapped personnel;

27.7 Provision of first aid medical services for married women;

27.8 Annual medical/physical examination; and

27.9 Recreational, social, athletic and cultural activities and facilities.

ARTICLE X
UNION FEES AND DUES

Section 28. Check-off Dues.

28.1 The parties hereby agree to adopt the established system on deduction of
Union dues from the employees’ payroll as enforced and practiced under
the old CNA.

28.2 In case the Union decides to increase the agency fee, the Province, after
due notice, allow the automatic deduction of the member’s Check-off Dues
from the payroll in the amount approved in a general assembly called for
the purpose.

28.3 No special assessments, attorney’s fees, negotiation fees or any other


similar fees may be checked off from any amount due to an employee
without an individual written authorization duly signed by the employee.
The authorization should specifically state the amount, purpose and
beneficiary of the deduction.

Section 29. Payment by non-union members of the Agency fee

Page 11 of 15 EUGENIO JOSE V. LACSON


GOVERNOR
An Agency Fee shall be assessed and collected from non-Union
members who opt to avail of whatever benefits the Union members may
derive from this agreement unless expressly prohibited by law. In this
case, a reasonable amount to be determined by the Union’s Board of
Directors shall be assessed, provided, that the same shall be voluntarily
and willingly
paid by a non-Union member;

Section 30. Schedule of Remittance

Check-off dues and other collectibles/assessment fees/contributions shall


be remitted by the Province to the Union through its Treasurer within the
month it is collected.
ARTICLE XI

PROVIDENT FUND

Section 31. Established of the Provident Fund

31.1 The Province shall establish the Provident Fund in accordance with
Executive Order No. 641, dated July 25, 2007 and Budget Circular No.
2008-3, dated June 20, 2008.

The Provincial Governor, Hon. Eugenio Jose V. Lacson, through its


issuance of Executive Order had already authorized the established and
administration of Provident Fund in the Provincial Government of Negros
Occidental. (Please see hereto attached Executive Order as Annex “A” to
form as an integral part of this agreement).

31.2 In accordance with the foregoing issuances, the Governor shall create the
interim Board of Trustees to lay down the ground work and procedure for
the election of the Members of the Board of Trustees.

31.3 The Elections of the Members of the Board of Trustees shall be held upon
the ratification of the Provincial Government employees of the Agreement.
(New Stipulation)

31.4 The Union may assist in the establishment of the Provident Fund but the
fixing and collection of fees from the Province and its employees remain
under the responsibility of the Members of the Board of Trustees

ARTICLE XII

EMPLOYEE’S ORGANIZATION RELATED ISSUES NOT COVERED BY CSC


RULES ON GRIEVANCE MACHINERY AND CSC UNIFORM RULES ON
ADMINISTRATIVE CASES

Section 32. This Article shall apply to Union related issues not covered by the Civil
Service Law, rules and regulations on grievance machinery.

The Province hereby agree to recognize and respects the Union’s


grievance policies outlined in the following manner:

Page 12 of 15 EUGENIO JOSE V. LACSON


GOVERNOR
(a) Grievances between Union-officials and Union members shall be
addressed through the grievance machinery established under the
Agreement;
(b) A grievance, whether presented verbally or in writing, shall be resolved
expeditiously at the lowest level possible; and,
(c) Grievance proceedings shall not be bound by legal rules and
technicalities.

Section 33. The Union Executive Board shall constitute as the Union’s Grievance
Machinery, which shall entertain disputes arising from among and
between Union officials and members including intra-employee’s
organization dispute as defined above.

33.1 Inter-employees’ Organization Dispute however, shall not be acted


through the grievance machinery and likewise, those disciplinary cases
covered by the CSC Uniform Rules on Administrative Cases in the Civil
Service and sexual harassment cases as provided for under R.A. 7877.

33.2 The applicable provisions of CSC Resolution No. 0101113, dated,


___________, 20shall be adopted and applied by the Union’s Grievance
Machinery in Discharging its tasks and such other provisions as may
hereinafter be provided for by the CSC.

33.3 If the subject of the grievance is the majority members of the Executive
Board or the Executive Board itself, the grievance shall be elevated to the
appropriate body authorized under the Rules to entertain the same.
However, the Executive Board may refer the grievance to the PACE
Committee on Conciliation and Mediation depending upon the seriousness
and magnitude of the issue involved.

ARTICLE XIII
ENTIRETY CLAUSE
Section 34. The parties hereby agree that all the terms and provisions herein
contained shall constitute the entire agreement between the parties.

ARTICLE XIV
SAVING CLAUSE
Section 35. Should any part or provision of this Agreement be held contrary to law or
declared null and void by any court of competent jurisdiction, or
subsequently modified or amended by mutual consent of the parties, the
remaining provisions hereof shall continue to be valid and effective
ARTICLE XV
EFFECTIVITY, PERIOD, ENFORCEMENT, AND REGISTRATION OF CNA
Section 36. Effectivity.

This agreement shall take effect immediately upon the signing hereof by
the parties and ratification by the majority of the Union members.

Page 13 of 15 EUGENIO JOSE V. LACSON


GOVERNOR
Section 37 Period.

This Agreement shall remain in force and in effect for a period of three (3)
years beginning from the date of signing by the Parties herein, unless or
until the Parties mutually agree to amend, revise or terminate the same.
Section 38. Enforcement

Upon affectivity, the provisions of this CAN shall be implemented through


the coordination of the Department/Division/Office Heads of the Province
with the concerned officials of the Union.

Section 39. Registration of CAN

This agreement shall be submitted to the Personnel Relations Office of


the CSC for registration pursuant to Rule XIII of the IRR.

IN WITNESS WHEREOF, the parties have hereunto set their hands this ___ day of
_____________, 2020 in the City of Bacolod, Negros Occidental, Philippines.

For the Province: For the Union:

EUGENIO JOSE V. LACSON RENELO LASTIERRE


Governor PACE Chairman

Signed in the Presence of:

__________________ __________________

ACKNOWLEDGEMENT

Republic of the Philippines )


City of Bacolod ) S.S.
x------------------------------x

BEFORE ME, a Notary Public for and in the City of Bacolod, this
___day of ___________, personally came and appeared Negros
Occidental Governor Eugenio Jose V. Lacson and Renelo Lastierre who
exhibited to me their ID No. 010298261 issued on ____________ to
_____________, and Office ID No. __________ issued by the Province of
Negros Occidental respectively, both known to me and to me known to be
the same persons who executed the foregoing instrument and they
acknowledged to me that the same is their own free and voluntary act and
deed as well as that of the agencies/institutions they respectively
represent.

WITNESS MY HAND AND SEAL at the place and on the date first
above written.

Page 14 of 15 EUGENIO JOSE V. LACSON


GOVERNOR
Doc. No. ____;
Page No. ____;
Book No. ____;
Series of ____.

Page 15 of 15 EUGENIO JOSE V. LACSON


GOVERNOR

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